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question for lawyers

post #1 of 8
11/9/10 at 2:30pm
Thread Starter 

Is this verbiage even legally binding?  Seems a bit suspect to me.

"If you die, even if it's our fault, legally it won't be our fault"  ???

 

 

"   I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR BY ATTENDING [event name] AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD [organization name] HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF [organization name], ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.   "


Edited by Sduibek - 11/9/10 at 2:33pm
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post #2 of 8
11/9/10 at 2:54pm
Nothing is binding. biggrin.gif

Language like that is often used to attempt to convince people not to sue.

There are certain rights that cannot be waived no matter what you sign and juries have a way of looking past language like that. It would take a very long time and a lot of research to find out what holds up and in what jurisdictions. Things can be interpreted differently whether they fall under state or federal jurisdiction. Determining the difference between the two is a can of worms in itself.
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post #3 of 8
11/9/10 at 3:03pm
Thread Starter 

So the short answer is "maybe"  biggrin.gif

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post #4 of 8
11/9/10 at 3:12pm

what is that taken from?

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post #5 of 8
11/9/10 at 3:17pm
Thread Starter 

Burning Man 2010

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post #6 of 8
11/9/10 at 5:38pm
Quote:
Originally Posted by Sduibek View Post


So the short answer is "maybe"  biggrin.gif



The answer is almost always maybe. biggrin.gif
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post #7 of 8
11/11/10 at 4:15pm

It's somewhat common language used by organizations sponsoring events and wishing to avoid liability.  But that doesn't make it acceptable.  Why should you bear the risk if the other party fails to exercise the appropriate standard of care?   See what kind of response you get if you request the other party to waive their rights when you are negligent! 

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post #8 of 8
11/14/10 at 6:43pm
Quote:
Originally Posted by Uncle Erik View Post



Quote:
Originally Posted by Sduibek View Post


So the short answer is "maybe"  biggrin.gif



The answer is almost always maybe. biggrin.gif


Except on a law school exam. wink_face.gif

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